- to go to College legally
- access student loans and in state tuition rates
- apply for a social security number
- work legally
- access social support benefits
- and of course after becoming a citizen, vote in state and federal elections

In general, Democrats have been supportive of the most well known and proposed legislation that has existed as pending legislation in various forms for over 10 years. From a political standpoint this has largely lined up with their base being more supportive of the Hispanic demographic, the poor, minorities, being more supportive of a social safety nets and otherwise more all encompassing immigration policies.

However with Hispanic voters being both the largest minority voting block and the fast growing by far of all ethnic groups in the US, Republican politically candidates across the US including the Presidential candidates like Mitt Romney are acutely aware of not alienating this large bloc. It has profound consequences for many both many states today in deciding the Presidency in 2012 but also for future elections. Aware how as a party after the Civil Rights movements in the 60s, when Republicans lost the majority of the African American vote to Democrats, never to return to date, they desperately do not want to lose the majority of another ethinic group predicted to be 40% of the entire US population in 2050.

Enter Dream Act 2.0 as it has been dubbed by many, authored by Republican Florida Senator and Cuban American, Marco Rubio. This takes the original intention of the Dream Act and scales it back without criminalizing these kids of illegal immigrant parents. Essentially instead of providing a direct path to US citizenship, it provides an indirect and uncertain path to US citizenship for all groups except for ones who join the military who will receive a green card after serving.

All others will essentially be eligible for non-immigrant status which is really a fancy (and many say demeaning) way of saying they are eligible for work visas like the H-1B and student visas like F-1 which are the same visas that foreigners can apply for to come to the US. Then from that point via either relevant employer based applications, marriage to a US citizen or legal resident family sponsorship they could get access to a green card albeit with no guarantees and waits of up to 10 years or more.

So is it a good thing if you are a child of illegal immigrant parents?

Well the reality is anything is better than the current situation where they can’t attend college, work legally, travel outside the US, get legal IDs, access to many forms of private healthcare or have any path to normal sort of life with a constant threat of deportation. However you only have to talk to current foreigners to realize how bad and unfair the current Immigration System, Green Card opportunities and Wait Times are.

For example Mexican nationals after going through the 12-18 month green card application process under a status like EB-3 (which is common for professionals with a Bachelors Degree and less than 5 years of experience) will have a waiting period of over 10 years by current wait times before being eligible for a Green Card. (to note; the H-1B length is 6 years for regular maximum).

Ultimately while Democrats have for years for political reasons pandered to the Hispanic voting bloc, the so-called Dream Act 2.0 is a poor imitation of the original designed to curry a little favor to Republicans from the same group. However make no mistake, non-immigration status in many ways is only a small notch above illegal status with constant uncertainty and no clear path to permanency. Additionally adding a whole new bloc of people to the already long waiting queues for Green Card status will only increase wait times for everybody.

Cj

©2012 E3 Visa. All Rights Reserved.

Though one can become a citizen voluntarily through the Naturalization process, some are granted this status being born in the US or born to US citizen parent(s).

Children born outside to US citizen parents can claim US citizenship through their parents’ status subject to certain strict requirements which makes the process very much sophisticated. The immigration law at the time the child was born is also vitally important while claiming citizenship through the Child Citizenship Act (CCA). But the process is pretty simple for children born in the US as they automatically become US citizens, immaterial of whether their parents were US citizens or not.

If your child was born in the US, you can directly apply for a US passport as a proof of his/her US citizenship. Should you want to document your child’s citizenship status, you can file Form N- 600, Application for Certificate of Citizenship with the USCIS to get the citizenship certificate.

There are a combination of requirements that are to be satisfied before applying for child citizenship. One such criteria is that at least one parent was a US citizen when the child was born and should have lived in the US or its possessions for a stipulated period of time. Additionally, child(ren) born outside the US can also claim citizenship after birth based on their parents’ citizenship or naturalization.

As stated above, you can become a US citizen only if you fulfill certain important conditions. Few are:

- You should be under 18 years old and at least one of your parents should be a US citizen, either by birth or through Naturalization.

- You should reside in the US in the legal and physical custody of your US citizen parent and is subject to lawful admission for permanent residence in the US.

- To qualify as a “child” for the purpose of getting a certificate of citizenship through your parents’ status, you (the child) should not be married. If you are born out of wedlock, you should have been “legitimated” when you were under 16 years old and in the legal custody of the legitimating parent. But if you are a stepchild who was not adopted, you will not qualify as a “child” for citizenship purposes.

- If you meet the above mentioned requirements before becoming 18 years old, it means you establish the eligibility for US citizenship without having to file an application. Make note however, if you want to document your citizenship status, you have to file Form N-600.

- Per the CCA, if you were 18 years old or older as of February 27, 2001, you will not be eligible for citizenship, under this classification. You however, can apply for naturalization (Form N-400) based on qualifying on your own. There is also another option where persons above the age of 18 as on February 27, 2001, are eligible to apply for a citizenship certificate per the law in effect before the enactment of the CCA.

Even if you the biological or an adopted child who regularly resides abroad, you can still qualify for citizenship. This however, has additional requirements to be met.

©2012 E3 Visa. All Rights Reserved.

U.S. citizenship requirements states that, you can obtain U.S. citizenship either by birth or by law. You acquire U.S. citizenship by birth, if you were born in the U.S. or if your parents are U.S. citizens. Obtaining U.S. citizenship by law is through naturalization.

Per USCIS, you must meet the U.S. citizenship requirements to apply for citizenship. The U.S. citizenship requirements include the continuous physical presence requirements and certain general requirements.

U.S. citizenship requirements

To be eligible for U.S. citizenship, the following U.S. citizenship requirements should be satisfied:

• You should be at least 18 years old.
• You should be a lawful permanent resident of the United States.
• You should have resided in the U.S. for at least three to five years and half of the time should be spent in the U.S.
• The U.S. citizenship requirements states that, if you are married to a U.S. citizen, you can apply for U.S. citizenship after three years of residence in the United States. All others can apply for citizenship only after five years.
• You have resided in the U.S. from the time you filed your application for U.S. citizenship.
• You should take an oath, that you are attached to the U.S. constitution.
• You should have proficient knowledge and fluency in English.
• You should have knowledge concerning the history, role and functioning of the U.S. government.
• You should not be involved in any crime.
• You should meet the continuous physical presence requirements

Continuous physical presence requirements

If you are married to a U.S. citizen, the following continuous physical presence requirements should be met:

• You should live physically with your spouse.
• You should have lived together with your spouse for at least three years before you apply for U.S. citizenship and take the naturalization examination.
• You should have been physically present in the U.S. for at least 18 months.
• You should have been residing continuously for the past three months in the state from where you will apply for U.S. citizenship.
• Your spouse should be a U.S. citizen during the period you have applied for citizenship till the date of examination.

The following are the continuous physical presence requirements for those who are not married to a U.S. citizen:

• You should have been physically present in the U.S. for at least 30 months.
• You should have been residing continuously for the past three months in the state from where you will apply for U.S. citizenship.

Physical presence is different from Continuous residence. Physical presence is the number of days you were physically present in the U.S. Continuous residence is the time you resided lawfully in the U.S. without any long absence. If you are physically absent from the United States for one year, you will lose your continuous residence requirement, unless the absence is excused. The U.S. citizenship process is not easy, you have to meet the above requirements to be eligible to apply for citizenship.

©2012 E3 Visa. All Rights Reserved.

A great number of people is confused about immigration law and citizenship in the United States. Here are a few of the many common misconceptions about immigration laws and United States citizenship:

• If I marry a U.S. citizen I can automatically become a citizen. False. To become a citizen, you still need to follow various procedures such as applying for a marriage visa and providing proof of the validity of your marriage.
• Only if I am married can I bring a child into the United States legally. False. Children are eligible to relocate to the United States under a Family Visa petition regardless of your marital status.
• Attaining citizenship via naturalization is an easy process. This is not true. Naturalization is a complex process with many steps that must be followed.
• Legal immigrants, who are in the country on a visa, can be deported for minor legal infractions, such as traffic tickets or DWIs. This is not true except in extreme circumstances.
• You cannot become a legal immigrant if you come into the United States illegally. This is false. Someone who is an illegal alien can petition the government for a visa, green card, or a temporary worker visa.
• All immigration applications are the same. This is false. Every immigration case is unique and requires careful analysis and advocacy, preferably by a skilled and experienced immigration lawyer.
• The naturalization test is simple. The immigration test is a civics exam that requires a significant amount of knowledge of the United States government and its history. There are over 100 questions to study.
• You must be able to speak and write in the English language. This is not true. There are situations that allow an alien who cannot speak or write in English to become a permanent resident. But if you are unable to speak and write English that does make it difficult to pass a citizenship test if you are trying to be naturalized.

©2012 E3 Visa. All Rights Reserved.

Background:
The EB-5 visa was created within section 203(b)(5) of the Immigration and Nationality Act (INA) in 1990 as a visa type for foreign investors to be able to more quickly become permanent residents of the US if they were willing to invest significant amounts of their own capital in the US economy and create employment for US workers. There are 10,000 of the visas issued each year (not including dependents) and half of those are for those that invest via a designated USCIS Regional Center in a given US state. These Regional Centers advertise heavily encouraging foreigners to pick them as their mode of investment and thus need to be viewed and assessed with care and caution as there are no guarantees.

The investor and their dependents receive a conditional 2 year green card that is made permanent following a petition to the USCIS slightly before the 2 year expiry confirming that both an investment has been made and that at least 10 local jobs have been created as a result of the Investment. After a further 5 years and after the other relevant criteria are met, the investor and the dependents can also apply for US Citizenship.

The application process can take up to one year but a typical processing time is more likely 3-6 months. If a member of the family is already in the US under another non-immigrant visa, they are able to transfer to the EB-5 within the US by filing the appropriate adjustment of status application, form I-129, with the USCIS.

Another positive of this type of as far as the dependents are concerned compared to other US non-immigrant visas is that children who are aged under 21 and single who come to the US have their age effectively frozen to their age at the time of application. This means if they go past 21 while still under conditional status, they wont be aged out and forced to leave the US or find their own visa category to fit under. This differs from how the dependent visas work on all the non-immigrant visas.

There are no education, language or business requirements for the applicants. They must pass a mental and physical health check, criminal check and prove that they acquired the funds invested by legal means and have paid all appropriate taxes on those funds. If you have been denied for other US visas in the past you can still apply for the EB-5 visa.

Direct Investment vs. Regional Centers/Qualified Investments

The first fundamental difference is the minimum amount of capital that needs to be committed to the application.  If you are just making a general investment, then at least 1 million dollars is required whereas if you invest via a regional center or certain specified investments, the minimum is half as much at $500,000.

The reason why regional centers and qualified investments exist is that they tend to be in areas of high unemployment and lesser economic activity and thus the US Goverment want to attract capital and jobs to those areas and thus the more generous terms. The regions selected are rural, cannot have a population greater than 20,000, or have an unemployment rate that is at least 1.5 times higher than the national average. However the requirement to create at least 10 jobs still applies for this investment as well. For a full list of accredited regional centers around the US click the link specified.

If making a general investment a full business plan needs to be approved by the USCIS whereas with the approved Regional Center projects, this requirement is already satisfied. Also the requirement of creating 10 jobs is a little more lax in that both direct (IT Infrastructure person) and indirect (supplier of IT products) can be counted towards the 10 jobs created minimum requirement.

The investor in the regional projects also do not have to take an everyday role in managing the funds and can work together with other investors. Finally and this is often a big plus given the locations of many of these projects, the investor and their family may live and work anywhere in the US and this does not have to be where the project is situated.

However for most people it should be noted that because we are talking about large sums of money, there is no guarantee of profit or success with either a direct or regional center project. So the fact that you will have created 10 jobs or indeed make your money back and more is not a given so taking a greater interest in the project may be to your benefit.
There is no official USCIS database on the success of the various Regional Centers and they are in of themselves profit making business ventures for the most part. So while they are US Government accredited, that does not mean success automatically as they also have thier own interests to suffice first. You should do plenty of homework if you decide to use this vehicle.

If you choose the direct route, then assuming accessing $1M in capital is no issue for you, then you should certainly consult legal counsel and US business experts so your application, business plan, etc. is in perfect order so you will successfully get the EB-5 visa.

CJ

©2012 E3 Visa. All Rights Reserved.

History clearly tells that immigration was not as we know it today. For many, being a citizen of the United States came naturally when their forefathers walked into the country via the New York Harbor. More than twelve million migrants have been assessed and permitted to walk in to the United States in the last sixty two years since the country’s immigration department has offered its services. This is as per the Statue of Liberty – Ellis Island Foundation. These immigrants had to undergo a physical examination which was followed by identity verification. Of these, around ninety eight percent were granted permission to enter the country.

The concept of DNA testing was alien to the authorities then. The Bureau of Immigration was accountable for matching identities and ensuring that the right people have been allowed to pass through. They had to question the migrants and contrast their answers with the questionnaire that has been filled in prior.

However, with changing times and with the advent of technology, the mode of assessment has become sleeker than ever. With this, the department also emerged to be known as the United States Citizenship and Immigration Services or commonly known as the USCIS. Today, the USCIS asks for a proof that could be verified better for an individual’s identity before granting a permit to enter.

Today, there are many ways to gain a permit to enter the United States. One such method is through having family relations. Immediate blood relatives such as those of parents, siblings or children who are US citizens could be verified for. In such a case, the US citizen is known as the petitioner and the foreign relative is called as the beneficiary. Here, evidence proving the relationship between the petitioner and beneficiary has to be produced. This proof can be in the form of birth certificates, census or school records or any form of documentation which is relevant.

It is also agreed that there are instances where it is difficult to find any form of documentation. In fact, a fire led to the complete destruction of the first ever immigration records that were stored at the Ellis Island processing facility. Records that have been lost or misplaced due to natural disasters or due to negligent officials are common.

To cater to the above problem, the USCIS has come up with a more sound system of identity verification. And so came in the concept of DNA testing to state a particular blood relationship.

No other form of assessment can be better at judging the blood ties between any two individuals. Any accredited laboratory under the American Association of Blood Banks is capable of proving the relationship with an accuracy of ninety nine percent. Thus, a DNA test is best form of testing which makes the process of verification very precise. This test is required as evidence in case of sponsoring foreign nationals.

The test is a painless process where in a sample of the petitioner and the beneficiary’s DNA is taken. These samples are tested at specific laboratories that are designated by the USCIS. The results are then forwarded to the office of the Homeland Security. These reports act as proof for both the USCIS and the Department of State to verify the applicants.

©2012 E3 Visa. All Rights Reserved.

It is with great difficulty that an immigrant acquires the status of permanent residence in the United States. But this does not mean that an immigrant should act indifferently once he gets his permanent resident status. Once obtained, he has a greater responsibility of maintaining that status. This is because it takes only moments to wash away all the hard work that has been put in to acquire that status.

The most important of all the reasons for the loss of a permanent residence status is indulging in any form of criminal activity. No government of any country can tolerate its immigrants adding to the crime rate. It is similar with the United States government.

Being a law abiding society, it is but obvious that all the permanents of the United States are to follow the laws of the country. If any of the immigrants are convicted for any form of criminal activity or practice activities that are considered a crime in the United States or any other country, which would pose a barrier to their status. The immigrant would instantly be deported back to his native country and would not be permitted to enter the United States ever again.

Some of the following criminal activities that could hamper the permanent residence status of an individual include the following:

• Any form of violent activities and the punishment of such crimes include a minimum of a year of service in the prison.
• Committing murder.
• Activities involving terror which would may pose a threat to the local population.
• Rape, molestation and sexually assaulting women and children.
• Illegal dealings in arms, drugs and human trafficking.
• Sexual misconduct, causing physical harm, any fraudulent practices which have led to loss or damage to people and property.
• Threatening someone for one’s own means as well as reckless behavior.

Additionally, there would be a serious outcome incase of the following:

• Providing with false information and lying to get immigration benefits.
• Claiming to be a citizen of the United States when the immigrant is actually not.
• Participating in elections – federal or local, that is only permitted to the citizens of the United States.
• Indulging in drinking or being a habitual drunk as defined by the US immigrant department as well as using drugs illegally.
• If an individual is married to two people at a given period of time.
• Neglecting the responsibilities of supporting the family.
• Found to be practicing domestic violence.
• Not filing tax returns on time.

In case an individual has been involved in any of the above, the first thing that he must do is to contact an immigration lawyer or any community based organization which provides legal support to these immigrants.

Guest Post Author

©2012 E3 Visa. All Rights Reserved.

Immediate relative petition

An immediate relative petition is for U.S. citizens who are interested in sponsoring one of their immediate relatives to come and live in the U.S. Immediate relatives include:

• Spouses;
• Parents; or
• Children who are under 21 years of age and unmarried.

When you file an immediate relative petition your relative will not have to wait for a visa number. If he or she is outside the U.S. they will be given a visa number immediately. If your relative is already inside the U.S. he or she will be allowed to apply to adjust his or her temporary status to “permanent resident” as soon as the petition is approved.

Preference petition

A preference petition can be filed by:

• A U.S. citizen on behalf of an unmarried adult child (21 years of age or older);
• A legal permanent resident for a spouse, unmarried child (under 21 years old), or unmarried adult child (21 years old or older); or
• An employer on behalf of an employee.

Unlike an immediate relative petition, the person for which the petition is being made must wait until a visa number is available. As there are a limited number of people who are entitled to enter the U.S. each year through the preference petition program, the application may take some time to process. Processing times will vary according to the applicant’s preference category.

Preference is given in the following order:

• First Preference: Unmarried, adult (over 21 years old) children of U.S. citizens;
• Second Preference: Spouses of lawful permanent residents and unmarried children (regardless of age) of lawful permanent residents and their children;
• Third Preference: Married sons and daughters of U.S. citizens, their spouses and their minor children;
• Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their minor children.

Preferences based on employment are issued in the following order:

• First Preference: Priority Workers including aliens with extraordinary abilities, outstanding professors and researchers, and certain multinational executives and managers;
• Second Preference: Members of Professions Holding Advanced Degrees or Persons of Exceptional Ability;
• Third Preference: Skilled Workers, professionals and other qualified workers;
• Fourth: Certain special immigrants including those in religious vocations;
• Fifth: Employment Creation Immigrants.

Guest Post Author

To summarize, immediate relative petitions are for the spouses, parents, and unmarried children (under 21) of U.S. citizens. Preference petitions are for everyone else wishing to sponsor an individual for permanent residence.

©2012 E3 Visa. All Rights Reserved.

Along with our Top 10 US Immigration Predictions, legislation like the Dream Act and Senators Grassley and Durbin’s H1B Visa and L1 Visa Reform bills are already being debated a little and in the case of the latter bill already introduced into Congress. Suffice it to say this is going to be one crazy year for US Immigration.

Now in terms of specifics now that January has progressed a little things are looking less hopeful in some ways than they did on January 1, 2010. At that point there was a general expectation that the Healthcare reform bill which in 2 different forms had passed the House and Senate in Congress was going to be reconciled relatively speedily given the length of the process thus far.

Then President Obama, at least according to his and the Democrats ideal timetable would have been able to sign the bill into law in advance of his State of the Union address to the US Congress and the country this week.

However with Republican’s Scott Brown win in Massachusetts this Monday to fill the vacant Senate seat of the late Ted Kennedy, everything has hit a major roadblock as this was supposedly a safe a Democratic seat and part of the country as there is. Ted Kennedy had held this seat for 46 years with his brother John F Kennedy before that.

It is also a state that Obama won overwhelmingly in the 2008 Presidential Election by over 20 points and that has very socially liberal policies like Gay Marriage and ironically Universal Healthcare! (always interesting the selfish nature of people when they have something of their own but it will cost more to have others able to have the same benefit they seem to play ignorant)

So given this and the extended and controversial nature of the Healthcare debate, one of two things are probably going to happen. Either the debate is going to continue as Obama indicated he would like this week but will be a more bipartisan bill and thus far more limited in its scope. Or Healthcare rebate in this debate and this current reform is going to cease which of course will mean more of the status quo for all Americans.

Now what does this all mean for US Immigration reform. Well even Speaker of the House, Nancy Pelosi, one of the major driving forces of Healthcare Reform and the Liberal agenda of the Democratic Party has which includes more open Immigration policy, recently made some cautious statements. She said given the nature and nastiness of the fight and the political fallout already following the Massachusetts Senate race, that she does not want the House to debate anything additional controversial in 2010 until the Senate passes many of the bills they have already sent there.

Immigration Reform even in better economic times as it was in 2007 still was a heated and polarizing debate and eventually failed to pass both Houses of Congress and thus was defeated. And that was a bipartisan bill. So the chances of particularly the Democrats going out on a limb with reforms to help;
- legal and application costs
- ease and simplicity of process
- abuse in workplace by unscrupulous employers trying to threaten foreign workers
- green card delays and processing and lack of visa numbers particularly for citizens of China and India who are looking at delays of over 10 years
- increase in arbitrary quotas like the H1B visa quota
- lack of tax/social security benefits even though foreigners are paying all of these in full from their income
- fixing delays and morally unfair process like 221(g) administrative processing
- and others like illegal immigrants amnesty and path to US Citizenship
etc.

to me would seem remote as these are controversial issues that will probably illicit even more demonization in the media and from politicians that was seen in the Healthcare Debate. Republicans would be unlikely to be too involved in any major legislation as with the 2010 midterm elections upcoming they are more like at making bigger gains in the House and Senate ironically by doing nothing and criticizing the opposition that creating anything that could be attacked (you have got to love what the US legislative and political machine has become!!)

Additionally the lobby groups are only going to get stronger given they already played such a strong part in framing the Healthcare bill even though Obama campaigned that he wanted to limit the special interest influence. The lobby for groups like ultra nationalistic organizations that oppose all immigration is strong. As well as for lawyers who will always fight to keep the system geared towards them so they can continue to exploit and charge outrageous fees to foreigners who have little choice and option in the US Immigration system.

This will only be enhanced by the recent US Supreme Court ruling to overturn parts of the 2002 McCain-Feingold Campaign Finance reform bill which limited how much organizations like corporations could spend supporting or attacking candidates in advertisements.

All in at this point in time, it looks largely bleak for any meaningful reform or even US Immigration reform at all in 2010 given the Healthcare issue. Maybe the Obama State of the Union address may shed some light on what may be to come but at this stage if you are a foreigner, I would continue to expect to navigate the US Immigration system as you are largely for a while yet.

CJ

©2012 E3 Visa. All Rights Reserved.

However the most common are the family sponsored Green Cards. Whether that be via the K-1 visa where a US citizen chooses to marry someone from another country within the US, via the K-3 visa where a US citizen has already married a foreigner abroad and is looking to bring them to the US or the one which we will discuss today which is family sponsored green cards for immediate relatives like parents, older children and adult siblings.
These are generally not subject to numerical limits (possibly with exception of adult siblings) and also have the lowest processing times which is sometimes as short as 5 months, which in US Immigration world is like lightning

To qualify and be eligible to sponsor what the US Immigration system deems an immediate relative to be, you must (a) Prove you are a US citizen (or legal Permanent Resident with a Green Card) with documentation such as a US Passport or Naturalization Certificate and (b) Be above a designated income threshold and thus have the ability to support the relative you are sponsoring at 125% above the mandated poverty line.

The process can be quite involved which is why unfortunately in my opinion so many people become hopelessly lost and because they desperately want the application to have no issues are forced into the greedy waiting arms of an Immigration Attorney. Suddenly and sadly a fundamental human right in a free society like a family reunion now has a financial tag and burden which says a lot about the current US Immigration system.

1. Essentially this step is a lot of what I mentioned above in that it has to proved that the sponsor is a US Citizen or Permanent resident, then that an immediate family relationship does exist and finally that the immediate relative is essentially of good character (i.e. not a criminal or threat to US, etc.)
2. Most often, the U.S. citizen or permanent resident will file an immigrant visa petition on Form I-130 (Petition for Alien Relative)
3. It is also possible to concurrently file the immigrant visa petition and the application for permanent residence on behalf of the relative themselves in certain family sponsored cases, This is filed on Form I-485 and called an adjustment of status usually when the relative is already in the country legally. However this is not always the case as with US citizens for example marrying illegal aliens as the US Immigration system calls them, which are generally people who came here illegally or over stayed their original non-immigrant visa like the J-1 visa. The biggest advantage of adjusting status is the ability of the immediate relative to get the permanent status i.e. green card without having to leave the United States. Now this is where they system becomes skewed to favoring the use of Immigration attorneys where the immediate relative may not be a “perfect” candidate.

The benefits of a Green Card or Permanent Residency are essentially boiled down to 3 main areas;
- Be able to study at any institution or work for any employer or indeed choose not to work/study
- Be able to come into and leave the US any time and any number of times
- Have the future possibility to apply for US Citizenship

CJ

©2012 E3 Visa. All Rights Reserved.